[criminal history] On November 20, 2014, the Defendant was sentenced to imprisonment with labor for fraud at the Incheon District Court on November 20, 2014 and completed the execution of the sentence at the Incheon Detention Center on July 26, 2015.

[2] On November 27, 2015, the Defendant posted a false statement on “CV” room located in the Jung-gu Incheon Metropolitan City CU, Jung-gu, Incheon, stating that “Aphone 6s flus flus flus 64G servers are sold” on the Internet website of the country, and then, sent money to the victim CW who reported and contacted with it, the Defendant delivered the goods.

However, in fact, even if the Defendant received money from the injured party, he/she thought to use it as personal living expenses, etc., and did not have a smartphone, so there was no intention or ability to deliver a smartphone to the injured party.

The Defendant received KRW 74,00 from the victim’s new bank account in the name of CI on the same day, and received KRW 2,743,000 from the victim to November 30, 2015, total amount of KRW 2,743,00 from the victims four times, such as the list of crimes in the attached list of crimes.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police officer with regard to CI;

1. Each petition and statement in the preparation of CY, CW, CZ, and DA;

1. Inquiry into details of transactions, posting letters, text dialogues, certificates of deposit confirmation, and certificates of transfer confirmation;

1. Previous convictions: Application of inquiries about criminal history, investigation reports (report on confirmation of repeated offense), two copies of the judgment, and the current status of personal confinement Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes and other records, such as the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., and the arguments in the instant case.